Global Conference 2019: A World of Many Voices, United in Our Diversity INTERNATIONAL SECTION - nysba
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N E W Y O R K S TAT E B A R A S S O C I AT I O N
INTERNATIONAL SECTION
Global Conference 2019:
A World of Many Voices,
United in Our Diversity
Tokyo, Japan | November 5-8, 2019
www.nysba.org/tokyo2019
Global Conference 2019 | Tokyo 1
International Section Chair: Diane O’Connell, PriceWaterhouseCoopers LLP, New York Conference Chairs: Edward K. Lenci, Hinshaw & Culbertson LLP, New York Tsugumichi Watanabe, Morgan, Lewis & Bockius LLP, Tokyo Miriam Rose Ivan L. Pereira, Oh-Ebashi LPC & Partners, Tokyo Steering Committee Members: François Berbinau, BFPL Avocats, Paris Peter Bouzalas, Blaney McMurtry LLP, Toronto Hyun Suk Choi, Choi & Park, LLC, New York Jonathan Crompton, RPC, Hong Kong Bonnie L. Dixon, Atsumi & Sakai, Tokyo Junko Dochi, Dochi Law Office, Tokyo André Durocher, Fasken, Montreal James Emerson, Nishimura & Asahi, Tokyo Mary Fernández, Headrick Rizik Alvarez & Fernandez, Santo Domingo Azish Filabi, Blackrock, New York Nels Hansen, White & Case, Tokyo Paul Hastings, Executive Director, Japan ICU Foundation, Inc., New York Mike (Jiawei) He, Shanghai Intelligeast Network Technology Limited May Kim Ho, Singapore Jay Himes, Labaton Sucharow LLP, New York Miguel Kitamura, Kitamura Law, Tokyo Yoko Maeda, City-Yuwa Partners, Tokyo Reid Monroe-Sheridan, Monroe-Sheridan Foreign Law Office, Tokyo Satoru Murase, Mayer Brown, New York Mörk Murdock, Squire Patton Boggs, Tokyo Karl J. Pires, Shearman & Sterling, Tokyo Tomoyuki Otsuki, IBM Japan, Ltd., Tokyo Hernán Pacheco, EY Law, San José, Costa Rica Neil Quartaro, Watson Farley & Williams, New York David Russell, OuterTempleChambers, Dubai Jay Safer, Wollmuth Maher & Deutsch LLP, New York Azusa Saito, Nishimura & Asahi NY LLP, New York Gregory R. Salathé, Jones Day, Tokyo William H. Schrag, Thompson Hine LLP, New York Sheila L. Shadmand, Jones Day, Dubai Yasuzo Takeno, Mori Hamada & Matsumoto , Tokyo Hironobu Tsukamoto, Nagashima Ohno & Tsunematsu NY LLP, New York Taro Tsunoda, Anderson Mori & Tomotsune, Tokyo Harumichi Uchida, TMI Associates, Tokyo Gonzalo Zeballos, BakerHostetler LLP, New York 2 NYSBA International Section
TRAVEL INFORMATION
Hilton Tokyo
6-6-2 Nishi-Shinjuku
Shinjuku-ku, Tokyo, Japan 160-0023
Hotel Reservations
The 2019 Global Conference will be held at the Hilton Tokyo. The deadline to submit hotel reservations at the conference rate
is October 21, 2019. Availability of rooms is only guaranteed up to the cut-off date and reservations received after the above
date are accepted on a space and rate availability basis and cannot be guaranteed at the conference rate.
There are limited rooms in each category, so we recommend you reserve your room as soon as possible.
Discounted daily room rates, which include internet access, for this program are:
Single Room: JPY 42,213 (approximately $385 USD) per night– bed type will either be twin or queen
Double Room: JPY 48,380 (approximately $440 USD) per night – bed type will either be twin, queen or king
Rooms are inclusive of buffet breakfast, 13% service charge, 10% taxes and accommodation tax and wifi.
Reserve your hotel room today! www.nysba.org/tokyohotel
IMPORTANT INFORMATION
19.0 TOTAL MCLE Credits: Up to 15.0 credits in Areas of Professional Practice, 2.5 in Skills,
2.5 in Ethics and 0.5 in Diversity, Inclusion and Elimination of Bias | Non-transitional
TThis program will satisfy up to 19.0 NY MCLE credit hours. This program will not qualify for newly admitted attorneys
because it is not a basic practical skills program.
Discounts and Scholarships: New York State Bar Association members and non-members may receive financial aid to attend
this program.
Under this policy, anyone who requires financial aid may apply in writing, not later than 20 working days prior to the start of
the program, explaining the basis of his/her hardship, and if approved, can receive a discount or scholarship, depending on
the circumstances. To apply, please send your request to Tiffany Bardwell at: New York State Bar Association, One Elk Street,
Albany, New York 12207, or tbardwell@nysba.org. Scholarships are for the CLE portion of the program only and not evening
and social functions or tours.
Accommodations for Persons with Disabilities: NYSBA will make reasonable modifications/accommodations to allow
participation in its services, programs, or activities by persons with disabilities. NYSBA will provide auxiliary aids and services
upon request. NYSBA will remove architectural barriers and communication barriers that are structural in nature where
readily achievable. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact
Tiffany Bardwell at tbardwell@nysba.org or 1-518-487-5675.
Dress Code:
• Conference Panels, Plenaries and Lunches: Business Attire or Business Casual
• Wednesday and Thursday evening receptions/dinners: Business Attire
• Friday Gala Dinner: Business Attire or Semi-Formal (ex. cocktail dresses and suits are appropriate)
Global Conference 2019 | Tokyo 3
SCHEDULE OF EVENTS
Tuesday, November 5
At the offices of Oh-Ebashi LPC & Partners, Tokyo | 2F Kishimoto Building, 2-2-1 Marunouchi, Chiyoda-ku, Tokyo
12:30 – 2:00 pm Executive Committee Luncheon Meeting
2:00 – 3:30 pm Chapter Chairs Meeting
3:30 – 5:00 pm Latin American Council Meeting
6:00 pm Bus transfers from Hilton Tokyo to EC Dinner (EC and Steering Committee members only)
6:30 pm Executive and Steering Committees’ Dinner | The Palace of Tokyo
9:00 pm Bus transfers from EC Dinner to Hilton Tokyo
Wednesday, November 6
8:15 – 8:25 am Welcome | Diane O’Connell, International Section Chair
8:30 am – 12 pm Mock International Arbitration & Advocacy Workshop
2.5 Credits in Skills A mock arbitration problem will be used to demonstrate advocacy techniques in international
1.0 Credit in Ethics arbitration. Designed for counsel, arbitrators, in-house counsel, and anyone interested in international
arbitration, this extended session will feature experienced international arbitration practitioners making
brief presentations on best practices for international advocacy and participating in mock arbitration
sessions. Our workshop will consider how international advocacy differs from advocacy in national
courts, and how practitioners may most effectively advocate for their clients amid a diversity of cultures,
legal traditions, and ethical requirements.
Advocacy & Ethics in International Arbitration
Moderator: Jordan Tan, Clifford Chance, Singapore
Panelists:
Jessica Fei, Herbert Smith, Beijing
Haig Oghigian, Squire Patton Boggs, Tokyo
Carlos Ramos-Mrosovsky, Alston & Bird, New York
Nancy Thevenin, Thevenin Arbitration & ADR, New York
Christine Artero, Singapore Arbitration Chambers
Mock Arbitration #1
Tribunal: Alex Yanos, Alston & Bird, New York; Kevin Tan, Rajah & Tann, Singapore; Tomoko
Kamikawa, Matsui & Kamikawa, Osaka
Counsel for the Claimant: Asuza Saito, Nishimura & Asahi NY LLP, New York; Daniel Allen, Mori
Hamada & Matsumoto, Tokyo
Counsel for the Respondent: Francisco Franco-Rodriguez, Baker McKenzie, Mexico City; Masafumi
Kodama, Kitahama Partners, Osaka
Secretary to the Tribunal/Alternate: Yoshinori Tatsuno, Mori Hamada & Matsumoto, Tokyo
Mock Arbitration #2
Tribunal: Haig Oghigian, Squire Patton Boggs, Tokyo; Gonzalo Zeballos, Baker Hostetler, New York;
May Kim Ho, Singapore
Counsel for the Claimant: Yoko Maeda, City Yuwa Partners, Tokyo; Evan Michailidis, Duane Morris,
New York
Counsel for the Respondent: Yuko Kanamaru, Mori Hamada & Matsumoto, Tokyo; Kimarie Cheang,
HFW, Singapore
12:00 – 1:20 pm Networking Lunch
4 NYSBA International Section
SCHEDULE OF EVENTS
1:25 – 3:30 pm The A-Team: We Love It When Your Arbitration Comes Together
2.0 Credits Areas of This plenary session brings together leading arbitral institutions and seasoned practitioners in the Asia-Pacific
Professional Practice region – our amazing A-Team! Listen to recent ADR developments and future trends in their respective juris-
dictions, including Hong Kong, Japan, Korea, Philippines, Singapore, Ireland, Paris, Stockholm and the US.
Learn how diversity and competition are driving them to constantly innovate as illustrated by their rules to
promote efficiency, transparency and diversity (e.g., the Arbitration Pledge) as well as their rules on arb-med-
arb/mediation, early dismissals, expedited procedures, and emergency arbitrators. US panelists will also ex-
change views with their Asian counterparts on a variety hot topics, collaborative efforts, and best practices.
Co-Chairs:
Yoshimasa Furuta, of Anderson Mori & Tomotsune, Tokyo. In addition to his international arbitration
practice, Mr. Furuta is an executive director of the Japan Association of Arbitrators (JAA) and a founding
member of the new Japan International Dispute Resolution Center (JIDRC).
Jay G. Safer, of Wollmuth Maher & Deutsch LLP, New York. In addition to his international arbitration and
litigation practice, Mr. Safer is a Lecturer in Law and an Adjunct Professor at Columbia University School of
Law and at Fordham University School of Law and on the AAA Roster of Neutrals for Commercial Cases.
Ron Soffer, Soffer Advocats, Paris. In addition to his international arbitration practice, Mr. Soffer has taught
on the Faculty of Law of the Hebrew University of Jerusalem and is a member of the Panel of Arbitrators of
the International Centre for Dispute Resolution and a Fellow of the Chartered Institute of Arbitrators.
Panelists:
Marc L. Abrams, Board Member, AIDA Reinsurance and Insurance Arbitration Society (ARIAS) – U.S.,
and Partner, Mintz Levin, New York
Mingchao Fan, Regional Director, Arbitration & ADR for North Asia, International Chamber of Com-
merce (ICC), Shanghai
Sarah Grimmer, Secretary-General, Hong Kong International Arbitration Centre (HKIAC), Hong Kong
Prof. Yoshihisa Hayakawa, Rikkyo University, Secretary General, Japan International Dispute Resolution
Center (JIDRC), and Partner, Uryu & Itoga, Tokyo
Kap-You (Kevin) Kim, President, Korean Council for International Arbitration (KOCIA), and Senior Partner,
Bae Kim Lee, LLC, Seoul
Michael D. Lee, Vice President, International Centre for Dispute Resolution (ICDR), Singapore, American
Arbitration Association (AAA), Singapore
Donemark J. L. Calimon, Secretary General, Philippine International Center for Conflict Resolution
(PICCR), and Partner, Quisumbing Torres, Manila
Ranse Howell, Director of International Operations, JAMS, Washington DC/London
Kristin Campbell-Wilson, Deputy Secretary General, of the Arbitration Institute of the Stockholm Cham-
ber of Commerce (SCC), Stockholm
Edward K. Lenci, on behalf of Arbitration Ireland, and Partner, Hinshaw & Culbertson LLP, New York
Michele Park Sonen, Head, North East Asia, Singapore International Arbitration Centre (SIAC), Seoul
3:30 – 4:00 pm Networking Break
4:00 – 5:30 pm Judicial/International Litigation Plenary
1.5 Credits in Areas Co-Chairs:
of Professional Neil A. Quartaro, Watson Farley & Williams LLP, New York
Practice Hyun Suk Choi, Choi & Park, LLC, New York
Panelists:
Judge Loretta Preska: Senior US District Judge and former Chief Judge of the US District Court for the
Southern District of New York
Judge Woojin Kim: Chief Researcher, Judicial Policy Research Institute of the Supreme Court of Korea;
Presiding Judge, the Seoul High Court
5:30 pm President’s Welcome Reception | Featuring NYSBA President, Henry M. Greenberg
Hilton Tokyo, Sakura Ballroom
6:30 pm Welcome Dinner | Hilton Tokyo, Fuji Ballroom
Global Conference 2019 | Tokyo 5
SCHEDULE OF EVENTS
Thursday, November 7
8:30 – 10:00 am General Counsel Roundtable | Plenary
1.5 Credits in Areas Co-Chairs:
of Professional Tomoyuki Otsuki, Senior Counsel Law, Intellectual Property and Compliance, IBM Japan, Ltd., Tokyo
Practice Diane O’Connell, PriceWaterhouseCoopers LLP, New York
Panelists:
Prof. Teruo Saito, Meiji University Law School, former General Counsel of AIG Japan, and of counsel,
Anderson Mori & Tomotsune, Tokyo
Piyasena Perera, Corporate Finance Attorney, Softbank Investment Advisers, London
10:00 – 10:30 am Networking Break
10:30 am – 12:00 pm 1.5 MCLE Credits in Areas of Professional Practice
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 1 PANEL 2 PANEL 3
Challenges in Cross-Border White Collar Drafting Distribution Contracts Around Ready for Investment in North Korea?
Criminal Investigations the World: A Practical Guide Exploring Possible Legal Framework for
Foreign Direct Investment in North Korea
This panel will explore the role of in-house Distribution contracts are fundamental to
and outside counsel in internal investiga- international distribution of goods. We In light of a complex and evolving relation-
tions, representation of the company and will take a practical approach to drafting ship between North Korea, its neighbors,
company employees, privilege consider- issues for key contract provisions from the and the United States, this panel will explore
ations (both corporate and individual), perspective of key regions of the world, and the following topics: overview of the Foreign
coordination of investigations in different pay particular attention to how suppliers Direct Investment Law of North Korea;
countries, self-reporting to government of- and distributors can address the disruptive lessons learned from the Kaesong Industrial
ficials, document production and preserving complications arising from the explosive Region and Rason Special Economic Zone in
confidentiality, and jurisdictional consider- growth of e-commerce intermediaries and North Korea; possible legal and economic
ations. their disregard for distribution territories. framework for North Korea and foreign
investors; independent dispute resolution
Co-Chairs: Co-Chairs:
system; and the current status of interna-
Atsushi Yamada, Anderson Mori & Nagako Oe, TMI Associates, Tokyo
tional sanctions on North Korea
Tomotsune, Tokyo Andre R. Jaglom, Tannenbaum Helpern
Jay Himes, Labaton Sucharow LLP, New York Syracuse & Hirschtritt LLP, New York Co-Chairs:
Hyun Suk Choi, Choi & Park, LLC, New York
Panelists: Panelists: Carlos Ramos-Mrosovsky, Alston & Bird,
Daniel J. Fetterman, Kasowitz Benson Torres Hernán Pacheco O., EY Law S.A., San José, New York
LLP, New York Costa Rica
Eriko Watanabe, Nagashima Ohno & George Ribeiro, Ribeiro Hui, Hong Kong Panelists:
Tsunematsu, Tokyo Michele S. Riley, Columbia University, Prof. Mitsuhiro Mimura, Economic Research
Dominique Lombardi, Rajah & Tann LLP, International Center for Cooperation and Institute for Northeast Asia (ERINA), Niigata
Singapore Conflict Resolution, New York Glen N. Kelley, Jacobson Burton Kelley,
Nobuaki Mukai, Momo-o, Matsuo & Namba, Sofia Cerqueira Serra, Morais Leitão, Galvão Washington, DC
Tokyo Teles, Soares da Silva, Lisbon Cheol Jeong, Jipyong, Seoul
Lisa P. Phelan, Morrison Foerster LLP,
Washington, DC
12:15 – 1:50 pm Lunch | Keynote Speaker: Hon. Kunio Hamada, former Justice of the Supreme Court of Japan and
founding partner, Mori Hamada & Matsumoto, Tokyo
6 NYSBA International Section
SCHEDULE OF EVENTS
2:00 – 3:30 pm 1.5 MCLE Credits in Areas of Professional Practice
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 4 PANEL 5 PANEL 6
Freezing Orders and Other The Increasing Importance of Trade- Tax Multilateralism – Panacea against
Extraordinary Injunctive Relief in North Secret Protections Tax Abuse? Or Just a Taxpayer
America, Asia, and Europe: What Cross- In our global economy, trade secrets are an
Compliance Nightmare!
Border Litigators Need to Know increasingly important means of protecting The real world implementation of OECD’s
The panelists will discuss freezing orders, intellectual property rights that are not BEPS Project presents tax planning and
also known as Mareva Injunctions in certain subject to, or suited for, copyright or patent compliance issues for multinational
common law jurisdictions, and other protection. This panel will explore the enterprises and their advisors. Addressing
injunctive reliefs offered to plaintiffs in North development and application of trade secret these will be time-consuming and expensive;
America, Asia and Europe, and how this laws in various jurisdictions, which is also the perhaps, not quite the task of cleaning the
could affect US-based parties and cross- primary topic covered in the Summer 2019 Augean stable, but difficult nevertheless.
border litigation. edition of the International Law Section’s This panel will discuss (i) the procedures
Practicum publication. and problems for MLEs in gathering and
Co-Chairs:
transmitting tax information relating to CbC
Prof. Naoki Kanayama, Keio University Law Co-Chairs:
(country by country) reporting, including
School, Tokyo Takanori Abe, Abe & Partners, Osaka
confidentiality concerns, taxpayer safeguards
Chris Semerjian, Fasken, Montreal Torsten M. Kracht, Hunton Andrews Kurth on competent authority requests for
LLP, Washington, DC information, and bilateral tax examinations,
Panelists:
Gonzalo S. Zeballos, Esq, Baker Hostetler, Panelists: and (ii) the BEPS Multilateral Instrument
New York Eriko Hayashi, Oh-Ebashi LPC & Partners, (“MLI”) which modifies bilateral tax treaties
Dongfeng Zhao, JustFaith Law, Beijing Tokyo to promote greater uniformity and reduce
Dr. Sebastian Heim, Beiten Burkhardt, opportunities for tax avoidance.
Sophia Yeh, Tsar & Tsai, Taipei
François Berbinau, BFPL Avocats, Paris Munich Co-Chairs:
Chris Williams, Gilbert + Tobin, Sydney Shigeki Minami, Nagashima Ohno &
Chun Y. Yang, Kim & Chang, Seoul Tsunematsu, Tokyo
James R. Shorter, Jr., Shorter Law Offices,
New York
Panelists:
Pere Pons, Chevez, Ruiz, Zamarripa, S.L.,
Madrid
Peter Utterstrom, Peter Utterström Advokat
AB, Stockholm
Makoto Sakai, Mori Hamada & Matsumoto,
Tokyo
Mark Anthony P. Tamayo, Mata-Perez, Tamayo
& Francisco, Salcedo Village, Makati City
3:30 – 4:00 pm Networking Break
Global Conference 2019 | Tokyo 7
SCHEDULE OF EVENTS
4:00 – 5:30 pm 1.5 MCLE Credits in Areas of Professional Practice
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 7 PANEL 8 PANEL 9
Current Issues for US and Japanese Cross-border M&A and Protectionism A Century of Trust Law in Asia and in
Businesses, with a Focus on Jurisdiction The panel will discuss implications of recent North America
The panel will discuss commercial litigation changes in foreign investment control Japan adopted a Trust Law in 1926,
risks faced by Japanese businesses, with a on cross-border M&A transactions in the followed by Korea, China, and Taiwan.
focus on jurisdictional issues. The topics will respective jurisdictions of the panelists. It This panel will focus on the lessons to be
include jurisdictional reach of US courts in will outline changes in legislation and in the learned from the Asian and North American
commercial litigation, jurisdictional reach of application of foreign investment control experience of trusts, looking to what
Japanese courts internationally, US-Japan laws by governmental authorities and talk North America can learn from Asia about
parallel litigation, and white-collar defense about M&A transactions where foreign commercial trusts and what Asia can learn
perspective, as well as observations related investment control played a significant role. from North America about trusts for wealth
to other Asian countries. The panel will preservation and transmission.
Co-Chairs:
discuss practical issues and cautionary tales Takayuki Kihira, Mori Hamada & Co-Chairs:
and will offer helpful tips and possible Matsumoto, Tokyo Lusina Ho, Professor, University of Hong
solutions for Japanese businesses.
Anna Dąbrowska, Wardyński & Partners, Kong
Co-Chairs: Warsaw Michael W. Galligan, Phillips Nizer LLP,
Yasuhiro Saito, Saito Law Group PLLC, New York
Torsten Rosenboom, Watson Farley &
New York
Williams, Frankfurt
Prof. Margaret McGuinness, St. John’s Panelists:
University Law School, New York Panelists: Makato Arai, University of Tsukuba, Tokyo
Kenneth Lebrun, Davis Polk & Wardwell LLP, Rachel Blumenfeld, Aird & Berlis, Toronto
Panelists: Tokyo Hao Wang, Rayyin Partners, Beijing
Satoru Nagasaka, TMI Associates, Tokyo
Avimukt Dar, Indus Law, New Delhi Tang Hang Wu, Professor, Singapore
Teruo Saito, Anderson Mori & Tomotsune
Daniel He, Junhe LLP, Shanghai Management University, Singapore
(former General Counsel of AIG Japan), Tokyo
Robert J. Leo, Meeks, Sheppard, Leo &
Howard Fischer, Moses & Singer LLP, New
Pillsbury, New York
York
Kosuke Hamaguchi, Nagashima Ohno &
Douglas K. Freeman, Law Offices of Douglas
Tsunematsu, Tokyo
K. Freeman, Tokyo
Kyeong Catherine Kim, DR & AJU LLC, Seoul
Bianca Lin, Allegaert Berger & Vogel LLP,
New York
6:30 pm Bus transfers from Hilton Tokyo to Hokkaido restaurant
7:00 pm Dinner at Hokkaido restaurant | Nishi-Shinjuku 6 5 1 Shinjuku Island Tower 44F, Tokyo
9:30 pm Bus transfers from Hokkaido restaurant to Hilton Tokyo
8 NYSBA International Section
SCHEDULE OF EVENTS
Friday, November 8
8:30 – 10:00 am Human Rights Plenary | Human Rights in Daily Life
1.0 MCLE Credits Like the law, human rights is a seamless web that touches every aspect of our lives. This plenary will
in Areas of focus on three of them: Human Trafficking, Diversity and Inclusion, and Marriage Equality. The panelists
Professional will provide an overview of the law in each area along with their views on a variety of hot topics.
Practice
Human Trafficking
0.5 MCLE Credits in Chair:
Diversity, Inclusion Prof. Osamu Arakaki, International Law, International Christian University, Tokyo
and Elimination of
Bias Panelists:
Alexandra Piscionere, International Center for Missing and Exploited Children, Singapore
Caroline Fish, DLA Piper, LLP, New York
Diversity and Inclusion
Chair:
Kenneth G. Standard, Epstein Becker Green, New York
Panelists:
Ulrich Fobian, Weavind & Weavind, South Africa
D.L. Morriss, Hinshaw & Culberston LLP, Chicago
Miriam R. Schindel, Jackson Lewis, PC, New York
LGBTQ/Marriage Equality
Chair:
Janiece Brown Spitzmueller, Global Digital Productions LLC, New York
Panelists:
Alexander Dmitrenko, Freshfields Bruckhaus Deringer, Tokyo
Rika Beppu, Squire, Patton & Boggs, Tokyo
Hanae Fujinami, Morrison & Foerster, Tokyo
10:00 – 10:30 am Networking Break
Global Conference 2019 | Tokyo 9
SCHEDULE OF EVENTS
10:30 am – 12:00 pm 1.5 MCLE Credits in Areas of Professional Practice
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 10 PANEL 11 PANEL 12
Cross-Border Insolvency Cross-Border Protection of Design Competition Enforcement of Digital
Platforms in the US and Japan
Cross-border insolvencies have become The panel will discuss design law and related
increasingly prevalent, as more and IP rights in Japan, China, UE, US and Central The panel will explore how current
more businesses with overseas facilities, America and how to obtain best crossborder competition law is being applied to
employees and debtor/creditor relationships protection. Panelists will focus on its legal technology platforms, particularly those
face financial failure. The legal rules definition, what can be protected, means focused on e-commerce, advertising,
governing liquidation or rehabilitation of of protection and registration process, social networking and digital goods.
an insolvent multinational enterprise must validity requirements, scope of protection, The panel will consider the adequacy or
be accompanied by efforts to harmonize licensing and transfer issues, infringement appropriateness of using traditional antitrust
global proceedings. This panel will include and litigation. And, finally, best practices for rules to regulate digital platforms, taking
an overview and comparison of insolvency design protection. into account economic and societal factors
laws in Japan and the U.S., using the recent that can be or should be analyzed to answer
Co-Chairs:
Takata bankruptcy case as a case study. It Takashi Hirose, Oh-Ebashi LPC & Partners, critical competition questions. The panel
will also examine significant asset sales in Tokyo
will also discuss recent trends and future
Takata and other cross-border cases. developments.
Mary Fernàndez, Headrick Rizik Alvarez &
Panel Chair: Fernández, Santo Domingo Co-Chairs:
William H. Schrag, Thompson Hine LLP, New Yuichi Oda, Oh-Ebashi LPC & Partners, Tokyo
York Panelists: Jeffrey C. Bank, Wilson Sonsini Goodrich &
Pierodavide Leardi, Studio Leardi, Milan Rosati, PC, New York
Panelists: Mitsuko Miyagawa, TMI Associates, Tokyo
Shin-Ichiro Abe, Kasumigaseki International Panelists:
Oren J. Warshavsky, BakerHostetler, New
Law Office, Tokyo Prof. Kensuke Kubo, Keio University, Tokyo
York
Mark H. Alcott, Paul, Weiss, Rifkind, Wharton
Lili Wu, Han Kun Law Offices, Beijing
& Garrison LLP, New York
Mark D. Bloom, Greenberg Traurig, LLP, Miami
Tomohiro Okawa, Nagashima Ohno &
Tsunematsu, Tokyo
Gavin Westerman, Weil, Gotshal & Manges
LLP, New York
10 NYSBA International SectionSCHEDULE OF EVENTS
12:15 – 1:50 pm Luncheon – speaker to be announced
2:00 – 3:30 pm 1.5 MCLE Credits in Areas of Professional Practice
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 13 PANEL 14 PANEL 15
Japan, China, Korea & the U.S.: The Global Expansion of Shareholder Cyber and Data Security: What to Do
Contrasts in Workplace Law & Culture Activism When Your Company or Your Client is
Hacked
The relationship between Japan, China, Shareholder activism, in which investors
and Korea - the three greatest economies purchase shares of a company and agitate This session will focus on cross-border data
and powers of Asia - has sometimes been for some sort of strategic shift – buy back of breach issues identifying
contentious. But how do their workplace shares, sell assets, sell the company, etc. – is - the regional threat landscape;
practices, work ethic, employee rights, a growing phenomenon globally. This panel - t he risks and obligations that arise in the
treatment of women and minorities, and will discuss trends in shareholder activism event of a data breach involving multi-
codes of conduct compare? How do in various jurisdictions, including Japan, the jurisdiction data (US, EU, Asia and Latin/
these practices affect their global cultural United States, China and Europe. The topics South Americas);
influence? And finally, how do they of discussion will include the tactics used, -b est practices for effective handling,
compare with U.S. employment? Japanese, demands typically made, the legal regimes including,
Chinese, Korean and U.S. attorneys will applicable to activism, and the defenses + incident preparedness and response
consider these vital issues in an illuminating available to target companies. + technical investigations
roundtable setting. + crisis communications
Co-Chairs:
Co-Chairs: Gregory Ostling, Wachtell, Lipton, Rosen & Co-Chairs:
Hironobu Tsukamoto, Nagashima Ohno & Katz, New York Scott A. Warren, Squire Patton Boggs, Tokyo
Tsunematsu NY LLP, New York Carl-Olof Bouveng, Cirio Advokatbyrå, Jonathan Armstrong, Cordery Legal
Philip Berkowitz, Littler Mendelson, P.C., Stockholm Compliance, London
New York
Panelists: Panelists:
Panelists: Gaku Ishiwata, Mori, Hamada & Alejandro Maria Massot, Estudio Randle
George A. Pierce, SVP and General Counsel, Matsumoto, Tokyo Abogados, Buenos Aires
Toyota Tsusho (America) Inc., New York Nels Hansen, White & Case, Tokyo Jonathan Crompton, RPC, Hong Kong
Lucy Lu, Partner, King & Wood Mallesons, Andreas W. Mayr, Dorda Rechtsanwälte Paul Jackson, Managing Director and APAC
Shanghai GmbH, Vienna Cyber Risk Practice Leader, Kroll, Hong Kong
Alan Wong, SVP and Head of Human Jianwei Zhang, JunHe, Beijing Shinichi Tanaka, President, Fleishman Hillard,
Resources, Bank of China, New York Branch, Azish Filabi, Blackrock, New York Japan
New York Hernán Pacheco O., EY Law S.A., San José,
Hoin Lee, Senior Foreign Attorney, Kim & Costa Rica
Chang, Seoul
Richard Goldstein, Goldstein & Lee, P.C.,
New York and London
Global Conference 2019 | Tokyo 113:30 – 5:00 pm 1.5 MCLE Credits in Areas of Professional Practice or Ethics
Track 1 Disputes Track 2 Corporate/Transactional Track 3 Special Interest
PANEL 16 PANEL 17 PANEL 18
Chasing Plunder Restitution of Ill-Gotten Ethical Issues for Lawyers and Law Firms Asian/North American Estate Planning
Gains in Different Fora Concerning Cybersecurity for the Coming Decade
This panel will explore the use of U.S.- A vibrant discussion of ethical considerations This panel will consider the challenges
based recovery mechanisms for the return raised by multinational cybersecurity and opportunities for wealth planning
of funds wrongfully obtained, whether by and data privacy issues in law practice. preservation and transfer for individuals,
actions taken in the U.S., or outside the U.S. Is compliance enough? Is it an IT issue? families and family trusts and companies
The recovery mechanisms which would be A professional issue? Both? What must with ties particularly with Japan, China,
discussed by our panel are the following: a lawyer understand about law practice Korea, the United States and Canada, with a
international arbitration, mediation, technology? What are the risks to your firm particular focus on the civil law of succession
litigation in federal, bankruptcy and state and to your clients? Do lawyers’ and law in Asia and relevant tax treaties.
courts. firms’ responsibilities vary from nation to
Co-Chairs:
nation?
Co-Chairs: Glenn Fox, Baker McKenzie, New York
Hiroyuki Tezuka, Nishimura & Asahi, TokyoCo-Chairs: Tomoko Nakada, Hokusei Law Office, Tokyo,
Atsushi Okada, Mori Hamada & Matsumoto, Japan
William G. Primps, Locke Lord LLP, New York
Tokyo
Panelists: Panelists:
Andre R. Jaglom, Tannenbaum Helpern
Yuri Sugano, Nishimura & Asahi, Tokyo Syracuse & Hirschtritt LLP, New York
Michael Shikuma, Shikuma Law Office,
James Dubow, Alvarez & Marsal, Hong Kong Tokyo
Ron Thompson, Alvarez & Marsal, Hong Panelists: Rachel Blumenfeld, Aird Berlis, Toronto
Kong Diane O’Connell, PriceWaterhouseCoopers Takashi Saida, Nagashima Ohno &
LLP, New York Tsunematsu, Tokyo
Teresa Rosen Peacocke, Outer Temple
Chambers, London Jonathan Armstrong, Cordery, London Soo Jeong Ang, Yulchon LLC, Seoul
Mary Fernández, Headrick Rizik Alvarez & Jane Yuan, Zhong Lun Law Firm, Shanghai
Fernández, Santo Domingo, Dominican
Republic
Scott A. Warren, Squire Patton Boggs, Tokyo
6:30 pm Bus transfers from Hilton Tokyo to Happoen Gardens
7:00 pm Gala Reception and Dinner at Happoen Gardens | 1 Chome-1-1 Shirokanedai, Minato City, Tokyo
10:00 pm Bus transfers from Happoen to Hilton Tokyo
12 NYSBA International SectionSPONSORS
NETWORKING BREAK
Global Conference 2019 | Tokyo 13JOIN THE NYSBA INTERNATIONAL SECTION IN TOKYO
N E W Y O R K S TAT E B A R A S S O C I AT I O N
International Section Global Conference 2019 – Registration Form
Tokyo | November 5-8, 2019
I. REGISTRANT INFORMATION IV. DIETARY RESTRICTIONS/ALLERGIES
Name________________________________________________________________ ________________________________________________
Company/Law Firm____________________________________________________ ________________________________________________
Address______________________________________________________________
City________________________________________ State___________________ V. PAYMENT INFORMATION
Zip_____________________ Country__________________________________ Payment for registration fees will be accepted by credit
card or wire transfer.* Please include the name of the
Phone____________________ E-mail address______________________________
credit card holder if it is different from the registered
Name of spouse or guest_______________________________________________ attorney.
❑ First-time attendee of a Section meeting? ❑ Charge $ ______________ to:
❑ I am a speaker on program #____________ ❑ American Express ❑ MasterCard ❑ Visa
EARLY BIRD Standard Expiration date____________________________________
II. REGISTRATION FEES until Sept. 10
Fees are denoted in U.S. dollars Sept. 9
Card number_________________________________
NYSBA Member Attorney $1095 $1195
Non-NYSBA Member Attorney $1295 $1395 ___________________________________________
Authorized Signature
Recently Qualified Attorney (3 years or less) $895 $895
Federal Govt Employees & NFP Sector $895 $895 Cardholder_____________________________________________
Students (daytime panels and lunches only, no CLE) $125
*Please email tbardwell@nysba.org for wire transfer
Spouse/Guest $695 $695 instructions.
Spouse/Guest fee Includes: Welcome Reception and dinner, Thursday reception & dinner,
Friday cocktail reception and Gala dinner; as well as applicable transportation.
www.nysba.org/Tokyo2019
Local Commuter Day Rates
Wednesday $425
Thursday $425 VI. EMERGENCY CONTACT
Friday $625
Name____________________________________________
Local Commuter Day Rates include: daily panels, NY MCLE credit, networking breaks, lunch,
evening event on the day(s) chosen, including transportation to/from the Hilton Tokyo and
entertainment, if applicable. Phone_______________________________________
III. CHOOSE YOUR EVENTS Email_______________________________________
Please choose the programs you plan to attend:
Wednesday, November 6 Attorney Registration fees include:
❑ Mock Arbitration & Advocacy Workshop ❑ Arbitration Plenary Programming and costs associated with programming,
❑ Judicial Plenary coffee breaks, attorneys’ lunches on Thursday and
Friday, cocktail receptions, dinners on Wednesday,
Thursday, November 7
Thursday and Friday, as well as transportation to offsite
❑ General Counsel Plenary
evening events and NY MCLE credit.
❑ Panel 1 ❑ Panel 2 ❑ Panel 3 ❑ Lunch
❑ Panel 4 ❑ Panel 5 ❑ Panel 6
❑ Panel 7 ❑ Panel 8 ❑ Panel 9
Cancellation Notice:
Notice of cancellation must be received by
Friday, November 8 October 23, 2019 in order to obtain a refund of fees.
❑ Human Rights Plenary
❑ Panel 10 ❑ Panel 11 ❑ Panel 12 ❑ Lunch Email or Fax this form to:
❑ Panel 13 ❑ Panel 14 ❑ Panel 15 Tiffany Bardwell
❑ Panel 16 ❑ Panel 17 ❑ Panel 18 New York State Bar Association
One Elk Street, Albany, New York 12207
Please indicate social functions you plan to attend:
Wednesday, Nov. 6 ❑ President’s Reception & Welcome Dinner – Hilton Tokyo Telephone: 1.518.487.5675
Thursday, Nov. 7 ❑ Dinner – Hokkaido restaurant Secure Fax: 1.518.463.5993
Friday, Nov. 8 ❑G ala Reception and Dinner – Happoen Gardens Email: tbardwell@nysba.org
❑ I/we will require group transportation to all events (included).
ILPFA19NE W Y O R K STATE BAR ASSOCI ATI ON
SECTION AND MEETING SERVICES DEPARTMENT
One Elk Street
Albany, NY 12207You can also read
